Legal Concepts Encyclopaedia
CLAT gives you the principle in the passage. These entries train the underlying pattern library — contract, tort, crime, constitution, and more.
Offer vs Invitation to Treat
An offer creates legal obligations on acceptance; an invitation to treat merely invites offers and creates no binding obligation.
14 linked passagesContract LawAcceptance & Counter-Offer
Acceptance must be unconditional and mirror the offer exactly; any variation constitutes a counter-offer that destroys the original offer.
13 linked passagesContract LawConsideration
Every contract requires consideration — a benefit to the promisor or detriment to the promisee — which must be real but need not be adequate.
13 linked passagesContract LawPrivity of Contract
Only parties to a contract can sue on it or be bound by it; a third party who benefits from a contract has no right to enforce it.
13 linked passagesContract LawCapacity to Contract
Contracts with minors are void ab initio in India; contracts with persons of unsound mind or intoxicated persons are voidable at their option.
13 linked passagesContract LawCoercion
A contract obtained by coercion — committing or threatening to commit an act forbidden by law — is voidable at the option of the coerced party.
13 linked passagesContract LawUndue Influence
Where one party is in a position to dominate the will of another and uses that position to obtain an unfair advantage, the contract is voidable.
13 linked passagesContract LawFraud in Contract
A contract induced by fraud — a false representation of fact made knowingly or recklessly — is voidable at the option of the deceived party.
14 linked passagesContract LawMisrepresentation
An innocent false statement of fact that induces a contract makes the contract voidable; unlike fraud, there is no dishonest intent.
13 linked passagesContract LawMistake in Contract
A bilateral mistake as to a fundamental fact makes a contract void; a unilateral mistake generally does not affect the validity of the contract.
14 linked passagesContract LawVoid vs Voidable Contracts
A void contract creates no legal obligations from inception; a voidable contract is valid until the aggrieved party chooses to rescind it.
13 linked passagesContract LawContingent Contracts
A contingent contract is enforceable only upon the happening of an uncertain future event; it cannot be enforced until the contingency occurs.
13 linked passagesContract LawPerformance of Contract
Both parties must perform their promises as specified; a tender of performance that is refused discharges the tendering party's obligation.
13 linked passagesContract LawDischarge by Breach
When a party repudiates a contract or makes performance impossible, the innocent party may treat the contract as discharged and sue immediately.
13 linked passagesContract LawAnticipatory Breach
A party who expressly indicates before the performance date that they will not perform gives the other party an immediate right to sue.
13 linked passagesContract LawDamages for Breach
Damages in contract aim to put the injured party in the position they would have been in had the contract been performed, not to punish.
17 linked passagesContract LawSpecific Performance
A court may order specific performance where monetary damages are inadequate; it is discretionary and not available for personal service contracts.
13 linked passagesContract LawIndemnity vs Guarantee
In a contract of indemnity the promisor is primarily liable; in a guarantee the surety is secondarily liable, only on default of the principal debtor.
13 linked passagesContract LawBailment
Bailment is delivery of goods for a specific purpose with an understanding that they be returned; the bailee must take reasonable care of the goods.
13 linked passagesContract LawPledge
A pledge is a bailment of goods as security for a debt; the pledgee acquires the right to sell the goods only on default by the pledgor.
13 linked passagesContract LawAgency
An agent acts on behalf of a principal; acts of an agent within actual or apparent authority bind the principal as if the principal acted directly.
13 linked passagesContract LawQuasi-Contracts
Certain obligations imposed by law resemble contracts though no agreement exists — a person shall not enrich themselves unjustly at another's expense.
13 linked passagesContract LawWagering Agreements
Wagering agreements — bets on uncertain future events — are void in India and no action can be brought to recover money paid under them.
13 linked passagesContract LawRestraint of Trade
Agreements that restrict a person's freedom to carry on their trade or profession are void unless they fall within statutory exceptions.
14 linked passagesContract LawFrustration of Contract
When an unforeseen event renders performance of a contract radically different from what was undertaken, the contract is discharged by frustration.
13 linked passagesLaw of TortsNegligence
A defendant is liable in negligence only if they owed the claimant a duty of care, breached that duty by falling below the standard of a reasonable person, and that breach caused damage that was not too remote.
16 linked passagesLaw of TortsContributory Negligence
Where the claimant's own negligence contributes to the harm suffered, damages are reduced in proportion to their share of fault; it does not extinguish liability entirely.
16 linked passagesLaw of TortsRes Ipsa Loquitur
Where the facts of an accident are such that it could not have occurred without negligence, and the defendant controlled the instrumentality causing harm, negligence is inferred without direct proof.
12 linked passagesLaw of TortsPublic Nuisance
A public nuisance is an unlawful act or omission that endangers or causes damage to the public at large; a private individual may sue only if they suffer special damage beyond the general public.
17 linked passagesLaw of TortsPrivate Nuisance
Private nuisance is an unreasonable interference with a person's use or enjoyment of land; reasonableness is assessed by weighing the utility of the defendant's conduct against the harm to the claimant.
14 linked passagesLaw of TortsDefamation
Defamation consists of a false statement of fact that is published to a third party, which lowers the reputation of the claimant in the eyes of right-thinking members of society.
14 linked passagesLaw of TortsLibel vs Slander
Libel is defamation in a permanent form and is actionable per se; slander is defamation in a transient form and generally requires proof of special damage unless it falls within recognised exceptions.
14 linked passagesLaw of TortsTrespass to Person
Any direct, intentional and unlawful application of force to another person (battery), or an act that intentionally causes reasonable apprehension of immediate unlawful force (assault), constitutes trespass to the person.
14 linked passagesLaw of TortsTrespass to Property
Trespass to land is the direct and intentional interference with another's possession of land without lawful justification; it is actionable without proof of actual damage.
14 linked passagesLaw of TortsStrict Liability (Rylands v Fletcher)
A person who brings onto their land something likely to do mischief if it escapes is strictly liable for all direct damage caused by the escape, subject to recognised defences including act of God and act of the claimant.
30 linked passagesLaw of TortsAbsolute Liability (MC Mehta Rule)
An enterprise engaged in a hazardous or inherently dangerous activity is absolutely liable for any harm resulting from such activity; no exceptions or defences available under the Rylands rule apply.
28 linked passagesLaw of TortsVicarious Liability
An employer is vicariously liable for the torts of an employee committed in the course of employment; the tort must bear a sufficient connection to the employment to make it fair and just to impose liability on the employer.
28 linked passagesLaw of TortsFalse Imprisonment
False imprisonment is the total restraint of a person's freedom of movement by the defendant without lawful justification; the claimant need not know of the restraint at the time.
12 linked passagesLaw of TortsMalicious Prosecution
Malicious prosecution requires proof that criminal proceedings were instituted by the defendant without reasonable and probable cause, actuated by malice, and that those proceedings terminated in the claimant's favour causing damage.
12 linked passagesLaw of TortsVolenti Non Fit Injuria
A claimant who freely and voluntarily consents to the risk of harm cannot sue the defendant for that harm; the consent must be real, informed, and relate to the specific risk that materialised.
13 linked passagesLaw of TortsAct of God (Vis Major)
An act of God is a natural event of extraordinary severity that could not reasonably have been anticipated or guarded against; it operates as a complete defence to strict liability claims.
12 linked passagesLaw of TortsInevitable Accident
An inevitable accident is one that could not have been prevented by the exercise of ordinary care, skill and caution; it negates the element of breach in negligence claims.
12 linked passagesLaw of TortsRemoteness of Damage
A defendant is liable only for damage of a type that was reasonably foreseeable at the time of the breach; if the damage is of an entirely unforeseeable kind, it is too remote and the defendant is not liable.
17 linked passagesLaw of TortsProduct Liability
A manufacturer or supplier owes a duty of care to the ultimate consumer; they are liable in negligence for damage caused by a defective product where no intermediate examination was expected before the consumer used it.
28 linked passagesLaw of TortsNervous Shock (Psychiatric Injury)
Liability for psychiatric injury distinguishes between primary victims who are within the zone of physical danger and secondary victims who witness harm to others; secondary victims face additional control mechanisms including proximity of relationship and perception.
13 linked passagesCriminal LawActus Reus and Mens Rea
Every crime requires a guilty act (actus reus) and a guilty mind (mens rea); the absence of either element means the accused cannot be held criminally liable unless the offence is one of strict liability.
16 linked passagesCriminal LawIntention vs Knowledge vs Negligence
Intention means the accused desired the consequence; knowledge means the accused was aware that the consequence would follow in the ordinary course; negligence means the accused failed to exercise the care a reasonable person would.
27 linked passagesCriminal LawStages of Crime — Attempt
An attempt to commit an offence is punishable when the accused has gone beyond preparation and has done an act that is the penultimate step toward commission, with the intention to commit the offence.
16 linked passagesCriminal LawRight of Private Defence
Every person has the right to defend their own body and property, and the body and property of others, against an offence; the right extends only to causing harm proportionate to the apprehended danger and does not extend to causing more harm than necessary.
29 linked passagesCriminal LawGeneral Exceptions under IPC
Acts which would otherwise be offences are not crimes if done under statutory exceptions including: act of a child below seven years, act of a person of unsound mind, act done in good faith by reason of mistake of fact, and acts done under compulsion or necessity.
16 linked passagesCriminal LawAbetment
A person abets the commission of an offence if they instigate another to commit it, engage in a conspiracy to commit it, or intentionally aid in its commission by an act or illegal omission.
16 linked passagesCriminal LawCriminal Conspiracy
Two or more persons commit criminal conspiracy when they agree to do or cause to be done an illegal act or a legal act by illegal means; the agreement itself, once made, constitutes the offence.
16 linked passagesCriminal LawJoint Liability — Common Intention
When a criminal act is done by several persons in furtherance of a common intention of all, each such person is liable for that act in the same manner as if it were done by them alone; common intention must precede the act.
31 linked passagesCriminal LawCulpable Homicide vs Murder
Culpable homicide is the act of causing death with the intention of causing death or bodily injury likely to cause death; it becomes murder when it falls within the four clauses of aggravated intention or knowledge, subject to the five exceptions that reduce murder to culpable homicide not amounting to murder.
16 linked passagesCriminal LawHurt and Grievous Hurt
Hurt is causing bodily pain, disease or infirmity to another; grievous hurt requires that the injury fall within an enumerated category of severe harms including permanent privation of sight, hearing or limb, or endangerment of life.
16 linked passagesCriminal LawTheft, Extortion and Robbery — Distinctions
Theft requires dishonest taking of movable property without consent; extortion adds coercion to make the victim deliver property; robbery is either theft or extortion committed with the use of force or in circumstances creating fear of instant death or grievous hurt.
16 linked passagesCriminal LawCheating vs Criminal Breach of Trust
Cheating involves fraudulently inducing a person to deliver property or to do or omit an act by deception; criminal breach of trust involves dishonest misappropriation of property entrusted to the accused in a fiduciary capacity.
18 linked passagesCriminal LawCriminal Defamation
Whoever makes or publishes any imputation concerning a person intending to harm or knowing it will harm the reputation of that person commits criminal defamation; truth published for public good and fair comment on public conduct are statutory exceptions.
19 linked passagesCriminal LawAttempt to Commit Crime
A person who attempts to commit an offence and in such attempt does any act towards commission of that offence is guilty of attempt; mere preparation does not constitute attempt.
16 linked passagesCriminal LawSedition and Public Order
Words, signs or visible representations that bring or attempt to bring into hatred or contempt the government established by law, or excite disaffection towards it, constitute sedition; legitimate criticism and expression of disapprobation without incitement are not sedition.
21 linked passagesCriminal LawPOCSO — Core Principles
Under the Protection of Children from Sexual Offences Act, a child is any person below eighteen years; the Act prescribes strict liability for sexual offences against children and reverses the burden of proof, requiring the accused to prove innocence once penetration or contact is established.
17 linked passagesCriminal LawDomestic Violence — Protection Principles
The Protection of Women from Domestic Violence Act provides civil remedies including protection orders and residence orders; domestic violence includes physical, sexual, verbal, emotional and economic abuse within domestic relationships.
19 linked passagesCriminal LawSexual Offences — Post-2013 Framework
Following the Criminal Law Amendment Act 2013, rape is defined broadly to include penetrative acts beyond the traditional definition; consent must be given freely without fear, fraud or intoxication; marital rape of a wife above fifteen years remains excluded from criminal liability.
17 linked passagesCriminal LawCriminal Intimidation
Whoever threatens another with injury to their person, reputation or property, or to the person or reputation of anyone in whom they are interested, with intent to cause alarm or to compel them to do or omit an act, commits criminal intimidation.
16 linked passagesCriminal LawMischief and Arson
Mischief is the intentional destruction or damage of property belonging to another or in which another has an interest; arson is an aggravated form of mischief where fire or explosive substance is used to destroy or make unsafe any building or vessel.
16 linked passagesConstitutional LawConstitutionalism and Rule of Law
Constitutionalism requires that government authority derive from and be limited by a constitution; the rule of law requires that every exercise of public power have legal authority, and that law apply equally to all persons including state actors.
14 linked passagesConstitutional LawBasic Structure Doctrine
Parliament cannot amend the Constitution so as to damage or destroy its basic structure; features forming the basic structure include supremacy of the Constitution, republican and democratic form of government, secularism, separation of powers, and judicial review.
14 linked passagesConstitutional LawPreamble of the Constitution
The Preamble declares India a sovereign, socialist, secular, democratic republic securing to all citizens justice, liberty, equality and fraternity; it is part of the Constitution and may be used to interpret ambiguous provisions but is not directly enforceable.
13 linked passagesConstitutional LawRight to Equality — Article 14
Article 14 guarantees equality before the law and equal protection of the laws; a law that creates a classification is valid only if the classification is based on an intelligible differentia and has a rational nexus to the object sought to be achieved.
22 linked passagesConstitutional LawProhibition of Discrimination — Article 15
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth; the word 'only' means discrimination on these grounds alone is prohibited but classification based on these grounds combined with other differentia may be permissible.
16 linked passagesConstitutional LawEquality of Opportunity — Article 16
There shall be equality of opportunity in matters of public employment; no citizen shall be discriminated against on grounds of religion, race, caste, sex, descent, place of birth or residence, subject to provisions enabling reservations for backward classes.
16 linked passagesConstitutional LawAbolition of Untouchability — Article 17
Untouchability is abolished and its practice in any form is forbidden; enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.
16 linked passagesConstitutional LawRight to Freedom — Article 19
Article 19 guarantees six freedoms to citizens including speech, assembly, association, movement, residence and profession; each freedom is subject to reasonable restrictions that the State may impose on specified grounds such as sovereignty, security, public order, decency and morality.
22 linked passagesConstitutional LawReasonable Restrictions on Article 19
A restriction on a fundamental freedom under Article 19 must be reasonable in content and procedure, and must bear a direct and proximate nexus to the purpose specified in the relevant clause; an unreasonable or disproportionate restriction is unconstitutional.
21 linked passagesConstitutional LawProtection Against Arrest — Article 22
A person arrested must be informed of the grounds of arrest, must be allowed to consult a legal practitioner of their choice, and must be produced before the nearest magistrate within twenty-four hours; these protections do not apply to persons arrested under preventive detention laws.
17 linked passagesConstitutional LawRight Against Exploitation — Articles 23-24
Traffic in human beings, beggar and other forms of forced labour are prohibited; the employment of children below fourteen years in any factory, mine or other hazardous employment is forbidden regardless of consent or consideration.
22 linked passagesConstitutional LawFreedom of Religion — Article 25
Every person has the right freely to profess, practise and propagate religion, subject to public order, morality and health, and to other fundamental rights; the State may regulate or restrict any economic, financial, political or secular activity associated with religious practice.
16 linked passagesConstitutional LawCultural and Educational Rights — Articles 29-30
Any section of citizens having a distinct language, script or culture has the right to conserve it; all minorities have the right to establish and administer educational institutions of their choice, and the State shall not discriminate against such institutions in granting aid.
20 linked passagesConstitutional LawRight to Constitutional Remedies — Article 32
The right to move the Supreme Court for enforcement of fundamental rights is itself a fundamental right; the Supreme Court has power to issue writs including habeas corpus, mandamus, prohibition, quo warranto and certiorari.
24 linked passagesConstitutional LawDirective Principles of State Policy
Directive Principles are guidelines for governance that are not enforceable by courts but are fundamental to governance; where a law giving effect to a Directive Principle conflicts with a fundamental right, the law prevails if it relates to Articles 39(b) or 39(c).
17 linked passagesConstitutional LawFundamental Duties — Article 51A
Eleven fundamental duties are imposed on every citizen including to abide by the Constitution, to uphold sovereignty, to promote harmony, to protect the environment and to develop scientific temper; they are not directly enforceable but courts may use them to uphold laws.
18 linked passagesConstitutional LawWrit of Habeas Corpus
Habeas corpus is a writ commanding a person detaining another to produce the detained person before the court; it ensures that no person is held in custody without legal justification and the burden of proving lawfulness of detention is on the detaining authority.
14 linked passagesConstitutional LawHigh Court Writ Jurisdiction — Article 226
High Courts have power to issue writs to any person or authority within their territorial jurisdiction; unlike Article 32 which is limited to fundamental rights, Article 226 extends to enforcement of any legal right.
16 linked passagesConstitutional LawNational Emergency — Article 352
A National Emergency may be proclaimed when the security of India or any part thereof is threatened by war, external aggression or armed rebellion; during emergency, the State may restrict fundamental rights under Articles 19 and 20-21 subject to constitutional safeguards.
17 linked passagesConstitutional LawState Emergency (President's Rule) — Article 356
President's Rule is imposed when the constitutional machinery of a state has failed; it must be approved by Parliament, is subject to judicial review, and the Supreme Court has held that the satisfaction of the President is not immune from scrutiny.
18 linked passagesConstitutional LawSeparation of Powers
The Constitution vests legislative power in Parliament, executive power in the President exercised through the Council of Ministers, and judicial power in the courts; no organ may exercise functions exclusively assigned to another, though the separation is not rigid.
14 linked passagesConstitutional LawFederalism in India
India has a federal structure with a strong centre; legislative subjects are divided between the Union List, State List and Concurrent List, and in case of repugnancy between central and state law on a Concurrent subject, central law prevails.
13 linked passagesConstitutional LawAmendment Procedure — Article 368
Parliament may amend the Constitution by a special majority; certain provisions require ratification by at least half the state legislatures; the amending power cannot be used to destroy the basic structure of the Constitution.
17 linked passagesConstitutional LawJudicial Review
Courts have the power to examine the constitutional validity of legislation and executive action; a law may be struck down if it violates a fundamental right or is beyond the legislative competence of the enacting body.
15 linked passagesConstitutional LawPublic Interest Litigation and Locus Standi
In PIL, the traditional rule that only a person whose rights are affected may sue is relaxed; any person acting bona fide in the public interest may invoke the court's jurisdiction to enforce the rights of those unable to approach the court themselves.
17 linked passagesConstitutional LawParliamentary Privilege
Members of Parliament enjoy freedom of speech within Parliament, immunity from court proceedings for anything said or done in Parliament, and the right of Parliament to regulate its own proceedings; courts cannot question the validity of parliamentary proceedings.
13 linked passagesConstitutional LawContempt of Court
Civil contempt is wilful disobedience of a court order; criminal contempt is any act that scandalises the court, prejudices any judicial proceeding, or interferes with the administration of justice; truth published in public interest is a statutory defence.
13 linked passagesConstitutional LawRight to Life and Personal Liberty — Article 21
No person shall be deprived of their life or personal liberty except according to procedure established by law; the Supreme Court has interpreted this to include the right to live with dignity, right to privacy, right to livelihood, right to health and right to education.
24 linked passagesConstitutional LawDue Process vs Procedure Established by Law
Article 21 uses the phrase 'procedure established by law' rather than 'due process'; however, the Supreme Court in Maneka Gandhi held that the procedure must be fair, just and reasonable, effectively importing substantive due process into Article 21.
14 linked passagesConstitutional LawReservation — Constitutional Basis
Reservations for Scheduled Castes, Scheduled Tribes and Other Backward Classes in public employment and education are constitutionally enabled; the ceiling of fifty percent on reservations is a judicially imposed rule that can be exceeded only in extraordinary circumstances supported by quantifiable data.
13 linked passagesConstitutional LawSecularism in India
Indian secularism does not require the State to be indifferent to religion but requires equal treatment of all religions; the State may regulate religious practice where it interferes with public order, morality, health, or other fundamental rights.
13 linked passagesProperty LawTransfer of Property — Core Principles
Property can be transferred between living persons only by an act of parties, not by operation of law; a valid transfer requires a transferor competent to contract, property capable of transfer, and transfer for lawful consideration or as gift.
4 linked passagesProperty LawSale of Immovable Property
A sale of immovable property is a transfer of ownership in exchange for price paid or promised; a sale of property above one hundred rupees must be by a registered instrument, and a contract for sale does not itself create any interest in the property.
2 linked passagesProperty LawMortgage — Types and Principles
A mortgage is the transfer of an interest in specific immovable property to secure payment of money; types include simple mortgage, usufructuary mortgage, English mortgage and mortgage by deposit of title deeds, each conferring different rights on the mortgagee.
4 linked passagesProperty LawLease vs Licence
A lease transfers an interest in property giving the lessee exclusive possession; a licence merely grants permission to use without creating any interest or conferring exclusive possession, and is revocable at will unless coupled with a grant.
2 linked passagesProperty LawEasements
An easement is a right enjoyed by the owner of one piece of land over the land of another for the benefit of the former; it must be appurtenant to a dominant tenement and burdens a servient tenement, and cannot exist independently of the land it benefits.
2 linked passagesProperty LawActionable Claims
An actionable claim is a claim to unsecured money debts or beneficial interests in movable property not in possession; it is transferable by assignment in writing without delivery and the assignee takes subject to all equities existing between the original parties.
3 linked passagesProperty LawDoctrine of Part Performance
Where a person contracts to transfer immovable property and the transferee takes possession and performs or is willing to perform their part of the contract, the transferor may not enforce any right inconsistent with the contract.
8 linked passagesProperty LawLis Pendens
A transfer of property that is the subject matter of pending litigation cannot affect the rights of the other party to the suit; anyone acquiring the property during the pendency of the suit is bound by the outcome of the suit.
2 linked passagesProperty LawGift and Will
A gift is the transfer of property voluntarily and without consideration by one person to another, accepted during the donor's lifetime; a will operates only on death, may be revoked at any time before death, and requires attestation by two witnesses.
2 linked passagesProperty LawAdverse Possession
A person in continuous, open, hostile and exclusive possession of land for the statutory period acquires title by adverse possession; the possession must be inconsistent with the true owner's title and the owner's right to sue must have become time-barred.
2 linked passagesProperty LawDoctrine of Election
A person who takes a benefit under an instrument must also bear the burden imposed by it; if an instrument purports to transfer property not belonging to the transferor, the true owner who receives a benefit under the same instrument must elect between confirming the transfer or giving up the benefit.
6 linked passagesProperty LawCovenants Running with the Land
A covenant relating to immovable property that is annexed to the ownership of land binds and benefits successors in title; for a burden to run, the covenant must be negative in nature and the successor must have taken the land with notice.
7 linked passagesProperty LawHiba — Muslim Law of Gift
A hiba (gift) under Muslim law is complete only upon delivery of possession; it requires a declaration by the donor, acceptance by the donee and delivery of possession, and unlike the Transfer of Property Act, no registration or writing is required.
2 linked passagesProperty LawJoint Family Property (Coparcenary)
Under the Mitakshara school, a Hindu coparcener acquires an interest in ancestral property by birth; the 2005 amendment made daughters coparceners by birth with equal rights as sons to the ancestral property.
4 linked passagesProperty LawBenami Transactions
A benami transaction is one where property is held by or transferred to one person but the consideration is paid by another person for whose benefit the property is held; benami transactions are prohibited and property held benami is subject to confiscation.
2 linked passagesFamily LawHindu Marriage — Conditions
A Hindu marriage is valid only if neither party has a spouse living, both parties are of sound mind and have attained the marriageable age, and the parties are not within the degrees of prohibited relationship unless custom permits.
1 linked passagesFamily LawVoid vs Voidable Hindu Marriage
A Hindu marriage is void if conditions relating to prohibited degrees or living spouse are violated; it is voidable at the option of either party on grounds including impotence, unsoundness of mind not disclosed, force or fraud in obtaining consent, and pregnancy by another at the time of marriage.
2 linked passagesFamily LawDivorce under Hindu Marriage Act
Divorce may be sought on grounds including adultery, cruelty, desertion for two years, conversion, unsoundness of mind, virulent leprosy, venereal disease, renunciation and presumption of death; mutual consent divorce requires one year of separation.
1 linked passagesFamily LawMaintenance Obligations
A spouse unable to maintain themselves is entitled to maintenance from the other spouse; under Section 125 CrPC, any person with sufficient means who neglects to maintain their wife, children or parents may be ordered by a Magistrate to pay monthly maintenance.
1 linked passagesFamily LawAdoption under Hindu Law
Under the Hindu Adoptions and Maintenance Act, only a Hindu may adopt and only a Hindu may be adopted; a valid adoption requires the capacity to adopt, the capacity to give in adoption, a valid ceremony of giving and taking, and the adoptee must be a Hindu.
1 linked passagesFamily LawGuardianship of Minors
The welfare of the minor is the paramount consideration in determining guardianship; the natural guardian of a legitimate Hindu minor is the father, and after him the mother, but courts may appoint any person as guardian where the welfare of the minor requires.
3 linked passagesFamily LawHindu Succession — Key Principles
Under the Hindu Succession Act as amended in 2005, daughters have equal rights as sons in ancestral property; the Act governs intestate succession and Class I heirs including spouse, sons and daughters take simultaneously and exclude all other heirs.
3 linked passagesFamily LawMuslim Marriage — Nikah
A valid Muslim marriage (nikah) requires an offer and acceptance made in one sitting in the presence of two adult Muslim male witnesses or one male and two female witnesses, and payment or promise of mehr; both parties must be competent to contract.
3 linked passagesFamily LawMehr (Dower) in Muslim Law
Mehr is a sum of money or property payable by the husband to the wife as a token of respect; it becomes the wife's absolute property, she may sue for it as a debt, and until mehr is paid she may refuse cohabitation without losing her right to maintenance.
1 linked passagesFamily LawTriple Talaq — Legal Position
The Muslim Women (Protection of Rights on Marriage) Act 2019 declared instantaneous triple talaq void and made its pronouncement a cognisable, non-bailable offence; the husband may be imprisoned for up to three years.
4 linked passagesFamily LawChristian Marriage Law
Marriage among Christians is governed by the Indian Christian Marriage Act; a valid marriage requires the consent of both parties, the presence of a minister or registrar and two witnesses, and the marriage must be solemnised in a church or registered office.
1 linked passagesFamily LawSpecial Marriage Act
The Special Marriage Act enables persons of any religion or nationality to marry under a civil procedure; it requires thirty days' notice, the consent of both parties, parties not being within prohibited degrees of relationship, and registration before a Marriage Officer.
4 linked passagesFamily LawDomestic Relations — Protection Orders
Under the Protection of Women from Domestic Violence Act, an aggrieved woman may seek protection orders, residence orders, monetary relief and custody orders from a Magistrate; a respondent breaching a protection order commits a cognisable and non-bailable offence.
2 linked passagesFamily LawChild Custody — Welfare Principle
In all proceedings relating to custody and guardianship of children, the paramount consideration is the welfare of the child; courts balance biological parental rights with the child's emotional, educational and developmental needs.
6 linked passagesFamily LawUniform Civil Code — Constitutional Debate
Article 44 of the Constitution directs the State to endeavour to secure a uniform civil code for all citizens; it is a non-enforceable directive principle and the Supreme Court has repeatedly called for its implementation without mandating any specific legislative action.
15 linked passagesInternational LawSources of International Law
The primary sources of international law are treaties, international custom, general principles of law recognised by civilised nations, judicial decisions and scholarly teachings as subsidiary means; no single source is hierarchically supreme.
0 linked passagesInternational LawSovereignty Principle
Every state has exclusive sovereignty over its territory and internal affairs; no state may intervene in matters within the domestic jurisdiction of another state, and all states are juridically equal regardless of size or power.
6 linked passagesInternational LawNon-Intervention Principle
States are prohibited from intervening in the internal or external affairs of other states; intervention includes the use or threat of force and coercive interference in political, economic or cultural decisions that are within each state's sovereign prerogative.
5 linked passagesInternational LawDiplomatic Immunity
Diplomatic agents enjoy immunity from the criminal jurisdiction of the receiving state and from civil and administrative jurisdiction except in limited cases; the premises of diplomatic missions are inviolable and the receiving state must protect them.
0 linked passagesInternational LawRefugee Law — Non-Refoulement
The principle of non-refoulement prohibits states from returning a refugee to a territory where they face a serious risk of persecution on grounds of race, religion, nationality, political opinion or membership of a particular social group.
2 linked passagesInternational LawInternational Human Rights Law
International human rights law imposes obligations on states to respect, protect and fulfil the rights of individuals; the ICCPR and ICESCR are the primary covenants and states that ratify them submit to periodic review by UN treaty bodies.
11 linked passagesInternational LawUN Charter Principles
The UN Charter prohibits the threat or use of force against the territorial integrity or political independence of any state; exceptions are self-defence under Article 51 and collective security action authorised by the Security Council.
2 linked passagesInternational LawExtradition — Core Principles
Extradition is the surrender by one state to another of a person accused or convicted of an offence; it requires a treaty basis or reciprocity, the offence must be extraditable under both states' laws (double criminality), and extradition may be refused for political offences.
2 linked passagesInternational LawTreaty Law — Vienna Convention
A treaty is a binding agreement between states governed by international law; treaties must be performed in good faith (pacta sunt servanda), a party may not invoke its internal law to justify non-performance, and treaties bind only the parties unless they become customary international law.
0 linked passagesInternational LawLaw of the Sea — UNCLOS
UNCLOS establishes maritime zones: the territorial sea extends twelve nautical miles with full sovereignty; the exclusive economic zone extends two hundred nautical miles with sovereign rights over resources; the high seas are open to all states.
0 linked passagesInternational LawInternational Criminal Law
Individuals may be held criminally responsible under international law for genocide, crimes against humanity, war crimes and the crime of aggression; the International Criminal Court has jurisdiction over these offences where states are unwilling or unable to prosecute.
16 linked passagesInternational LawICJ Jurisdiction
The International Court of Justice settles legal disputes between states that have accepted its jurisdiction; it may give advisory opinions to UN organs; its judgments are binding on parties but enforcement depends on Security Council action.
2 linked passagesInternational LawSelf-Determination of Peoples
All peoples have the right to self-determination by virtue of which they freely determine their political status and pursue their economic, social and cultural development; external self-determination amounting to secession is generally not recognised for peoples within existing states.
1 linked passagesInternational LawJus Cogens — Peremptory Norms
Jus cogens are peremptory norms of international law from which no derogation is permitted; a treaty conflicting with a jus cogens norm is void; recognised jus cogens norms include prohibitions on genocide, slavery, torture and aggression.
0 linked passagesInternational LawInternational Humanitarian Law
IHL governs the conduct of armed conflict and limits its effects; core principles include distinction between combatants and civilians, proportionality in attack, military necessity and humane treatment of prisoners of war; the Geneva Conventions are the primary instruments.
0 linked passagesProcedural LawNatural Justice — Core Principles
Natural justice comprises two rules: no person shall be a judge in their own cause (nemo judex), and every person affected by a decision must be heard before the decision is made (audi alteram partem); breach of either rule makes the decision void.
6 linked passagesProcedural LawAudi Alteram Partem
Before any adverse order is passed against a person, that person must be given notice of the case against them and a fair opportunity to respond; the right to be heard includes the right to know the allegations, to present evidence and to make submissions.
4 linked passagesProcedural LawNemo Judex in Causa Sua
No person may judge their own cause; a decision-maker who has a direct financial interest in the outcome, or whose conduct or relationship to a party gives rise to a reasonable apprehension of bias, is disqualified from deciding the matter.
6 linked passagesProcedural LawRes Judicata
A matter that has been adjudicated by a competent court may not be re-litigated between the same parties; the judgment operates as an absolute bar to a second suit on the same cause of action, protecting the finality of judgments and preventing duplicative litigation.
4 linked passagesProcedural LawLimitation Act — Core Principles
Every suit, appeal or application must be filed within the period of limitation prescribed by the Limitation Act; a suit filed after the limitation period is barred even if the claim is otherwise valid, and the court cannot extend the period unless a statutory provision permits it.
6 linked passagesProcedural LawInjunctions — Types and Principles
An injunction is a court order restraining a party from doing or compelling them to do a specified act; a temporary injunction maintains the status quo pending trial and requires proof of a prima facie case, balance of convenience and irreparable harm; a permanent injunction follows a full trial.
6 linked passagesProcedural LawCivil vs Criminal Contempt
Civil contempt is wilful disobedience of a court's judgment, decree or order; criminal contempt is an act that scandalises the court or prejudices or interferes with judicial proceedings; the standard of proof for criminal contempt is beyond reasonable doubt.
22 linked passagesProcedural LawLocus Standi
Locus standi is the capacity of a party to bring an action before a court; ordinarily, only a person whose legal right is affected has standing; in public law, this is relaxed for PILs where any person may represent those unable to approach the court.
6 linked passagesProcedural LawBurden of Proof
The burden of proof in civil cases lies on the party who asserts a fact and is discharged on a balance of probabilities; in criminal cases the prosecution must prove guilt beyond reasonable doubt, and the accused need only raise a reasonable doubt.
7 linked passagesProcedural LawHearsay Evidence
Hearsay is an out-of-court statement tendered to prove the truth of its contents; it is generally inadmissible because the maker cannot be cross-examined; exceptions include dying declarations, admissions by parties and statements in public documents.
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